Brussels, 9 March 2023
Home affairs (9 March 2023)
Asylum and migration
Ministers discussed the internal and external aspects of migration, following the European Council of 9 Feburary 2023.
Migration is a joint European challenge and today we continued our work on a joint European response. In the past months we have made progress on a number of fronts, through action plans for routes under high pressure and progress on key asylum files such as Eurodac. In the coming weeks and months, we will continue these efforts to build a comprehensive migration and asylum policy.
Swedish Minister for Migration, Maria Malmer Stenergard
Ministers highlighted the need to step up implementation of the action plans on the Central Mediterranean and Western Balkan routes. They also called on the Commission to develop action plans for the Eastern and Western routes.
Ministers reiterated their commitment to make progress on the migration and asylum pact. They also discussed the implementation of the Dublin roadmap and the need for better coordination of all actors on search and rescue. On this last point, they noted the relaunch of the European contact group on search and rescue.
Schengen area
The Presidency briefed ministers on the overall state of the Schengen area and the implementation of the priority areas discussed by the Council in June 2022 and the priority actions confirmed by the Council in December 2022. The Commission presented the Schengen barometer +, which aims to provide an overall picture of the Schengen area on the basis of key indicators.
Ministers discussed the future of visa policy and considered how to make visa policy more strategic and sustainable. They called on the Commission to come forward in the coming months with a legislative proposal to amend the visa suspension mechanism to make it more efficient.
Ministers took note of the entry into operation of the enhanced Schengen Information System (SIS), which went live on 7 March. They also exchanged views on the implementation of interoperability, in particular as regards the timeline for the start of operation of the Entry/Exit System (EES).
- Entry into operation of the enhanced SIS (presidency note)
- IT systems to fight crime and secure EU borders (background information)
Russia’s aggression against Ukraine
Over lunch, ministers discussed the state of play of the internal security dialogue with Ukraine and Justice and Home Affairs/Common Security and Defence Policy cooperation in relation to Russia’s war of aggression against Ukraine.
Other business
The presidency informed ministers about the latest developments in work on current legislative
proposals.
The European Commission informed on the results of the first six months of operation of the EU
support hub for internal security and border management in Moldova.
Greece reported on the second European conference on border management, which took place
in Athens on 23-24 February.
Portugal reported on the EU-MENA ministerial conference on “strategic police partnership
towards a trustful security cooperation”, which took place in Lisbon on 13-14 February.
France reported on vigilance about organizations promoting values incompatible with those of the EU.
The Council adopted, as an item without discussion, its position at first reading on visa free travel for holders of passports issued by Kosovo1.
Justice (10 March 2023)
Fundamental rights
The Council is expected to adopt conclusions on the EU charter of fundamental rights and the civic space. Ministers will then have an exchange of views on this topic.
Ministers will also discuss the next steps in combatting racism and antisemitism.
Russia’s aggression against Ukraine
Ministers will assess the state of play in the judicial responses and the fight against impunity regarding crimes committed in connection with Russia’s aggression against Ukraine.
The Presidency will also report on the ongoing discussions at technical level regarding the draft directive on the definition of criminal offences and penalties for the violation of EU sanctions. This proposal was presented by the Commission on 2 December 2022, following the adoption of a Council decision to add the violation of EU restrictive measures to the list of EU crimes.
Access to justice
Ministers will exchange views on barriers to access to justice and how to overcome them.
Fight against crime
The Presidency will report on the ongoing discussions at technical level regarding the draft directive on asset recovery and confiscation, which was presented by the Commission in May 2022. The aim of this proposal is to modernise EU asset recovery rules and ensure criminals are deprived of their illegal gains.
Over lunch, ministers will discuss the threat which organised crime in relation to drug trafficking poses to European societies.
1 This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.
Source – EU Council
Main Results: Justice and Home Affairs Council, 9-10 March 2023
Brussels, 10 March 2023
Justice (10 March 2023)
Russia’s aggression against Ukraine
Ministers assessed the state of play concerning the judicial responses and the fight against impunity regarding crimes committed in connection with Russia’s aggression against Ukraine. Since Russia began the war of aggression against Ukraine, the EU has been fully mobilised to ensure a response commensurate with the seriousness of the circumstances.
Day after day, Russia continues its unjustified war of aggression and its deadly and indiscriminate attacks against civilians and civilian infrastructure. These crimes must stop and their perpetrators must be brought to justice. The EU actively and practically contributes, and will continue to contribute, to efforts by Ukraine and the international community to prosecute these crimes.
Gunnar Strömmer, Swedish Minister of Justice
A joint investigation team (JIT) has been set up to facilitate the exchange of information and evidence and to support criminal investigations into the crimes committed in Ukraine. The role of Eurojust has been strengthened, and the agency now hosts the core international crimes evidence database (CICED), which started operations on 23 February 2023. Member states have also provided forensic support to Ukrainian authorities and the ICC for the collection of evidence. More recently, an international centre for the prosecution of the crime of aggression against Ukraine (ICPA) has been created in The Hague.
The Presidency also reported on the ongoing discussions regarding the draft directive on the definition of criminal offences and penalties for the violation of EU sanctions. Member states strongly support the aim of the proposal and, to a large extent, the substance of the envisaged provisions. Negotiations have advanced relatively rapidly and the Presidency aims to reach a general approach at the very latest at the Justice and Home Affairs Council meeting in June.
Fundamental rights
The Council approved conclusions on the role of civic space in protecting and promoting fundamental rights in the EU. The conclusions emphasise the essential role freedom of association plays in ensuring a democratic and pluralist society and the proper functioning of public life. Unjustified restrictions to the operating space of civil society organisations and human rights defenders can present a threat to the rule of law.
Ministers then had a discussion on specific steps to better support the civic space and possible measures to increase cooperation between member states, EU institutions and the civic space.
Ministers also discussed the next steps in combatting racism and antisemitism. They shared steps taken and to be taken at national level and considered how the Council can create a forward looking approach to the combat against racism and antisemitism.
Access to justice
Ministers exchanged views on barriers to access to justice and how to overcome them. They considered what the most significant challenges are or have been in their respective member state and shared best practices in addressing these challenges.
Fight against crime
The Presidency reported on the ongoing discussions regarding the draft directive on asset recovery and confiscation. The examination so far has shown that member states support the aims of the proposal, as well as the bulk of its envisaged provisions. Substantial progress has been made and work will continue with a view to reaching a general approach in June.
Over lunch, ministers discussed the threat which organised crime in relation to drug trafficking poses to European societies and public institutions.
Other business
The presidency informed ministers of the latest developments in its work on current legislative
proposals.
The presidency informed ministers of the final report on the 9th round of mutual evaluations, which
focused on mutual recognition legal instruments in the field of deprivation or restriction of liberty.
The Commission informed ministers on the latest developments in its ongoing work with the EU-US Data Privacy Framework.
The presidency informed ministers on the state of play concerning the Council decisions on the
EU accession to the Istanbul convention.
Home affairs (9 March 2023)
Asylum and migration
Ministers discussed the internal and external aspects of migration, following the European Council of 9 Feburary 2023.
Migration is a joint European challenge and today we continued our work on a joint European response. In the past months we have made progress on a number of fronts, through action plans for routes under high pressure and progress on key asylum files such as Eurodac. In the coming weeks and months, we will continue these efforts to build a comprehensive migration and asylum policy.
Swedish Minister for Migration, Maria Malmer Stenergard
Ministers highlighted the need to step up implementation of the action plans on the Central Mediterranean and Western Balkan routes. They also called on the Commission to develop action plans for the Eastern and Western routes.
Ministers reiterated their commitment to make progress on the migration and asylum pact. They also discussed the implementation of the Dublin roadmap and the need for better coordination of all actors on search and rescue. On this last point, they noted the relaunch of the European contact group on search and rescue.
Schengen area
The Presidency briefed ministers on the overall state of the Schengen area and the implementation of the priority areas discussed by the Council in June 2022 and the priority actions confirmed by the Council in December 2022. The Commission presented the Schengen barometer +, which aims to provide an overall picture of the Schengen area on the basis of key indicators.
Ministers discussed the future of visa policy and considered how to make visa policy more strategic and sustainable. They called on the Commission to come forward in the coming months with a legislative proposal to amend the visa suspension mechanism to make it more efficient.
Ministers took note of the entry into operation of the enhanced Schengen Information System (SIS), which went live on 7 March. They also exchanged views on the implementation of interoperability, in particular as regards the timeline for the start of operation of the Entry/Exit System (EES).
- Entry into operation of the enhanced SIS (presidency note)
- IT systems to fight crime and secure EU borders (background information)
- Schengen information system (video)
Russia’s aggression against Ukraine
Over lunch, ministers discussed the state of play of the internal security dialogue with Ukraine and Justice and Home Affairs/Common Security and Defence Policy cooperation in relation to Russia’s war of aggression against Ukraine.
Other business
The presidency informed ministers about the latest developments in work on current legislative
proposals.
The European Commission informed on the results of the first six months of operation of the EU
support hub for internal security and border management in Moldova.
Greece reported on the second European conference on border management, which took place
in Athens on 23-24 February.
Portugal reported on the EU-MENA ministerial conference on “strategic police partnership
towards a trustful security cooperation”, which took place in Lisbon on 13-14 February.
France reported on vigilance about organizations promoting values incompatible with those of the EU.
The Council adopted, as an item without discussion, its position at first reading on visa free travel for holders of passports issued by Kosovo1.
1 This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.
Source – EU Council